influencer marketing

Legal Perspective on Influencer Sponsorship and Testimonials- KMT

Legal Perspective on Influencer Sponsorship and Testimonials

The Federal Trade Commission released an influencer sponsorship guide in 2019, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose their professional relationships. …

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UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”) released its report on the …

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influencer law

Influencer Law and Contract Disputes

FabFitFun. Inc. (“FabFitFun”), the seasonal beauty box-by-mail company, has sued JFF Entertainment, LLC (“JFF) for breach of contract. In its lawsuit, FabFitFun alleges that JFF never provided the social media endorsements that it had contracted to provide from actors Cara Delevingne, Sarah Hyland, and Ashley Benson. FabFitFun was careful to point out that the lawsuit …

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influencer marketing

Social Media Influencer Marketing and FTC Enforcement

The endorsement of a celebrity or social media “influencer” can be a valuable tool for companies seeking to instantaneously advertise to the millions of individuals who follow a popular influencer. Companies pay very handsomely for these endorsements, with some celebrities earning over $1 Million per post. However, this explosion in paid endorsements and influencer marketing …

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FTC Clarifies Influencer Law with New Sponsorship Disclosure Guide

On November 5, 2019, the Federal Trade Commission released a new guide, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose …

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Influencer Marketing?  Beware: The SEC May Knock the Coin Out of You

December 6, 2018  Last Thursday, the Securities and Exchange Commission (“SEC”) announced that it had settled influencer marketing charges brought against professional boxer, Floyd Mayweather Jr. (“Mayweather”), and music producer, DJ Khaled (“Khaled”), for “unlawfully touting” cryptocurrency deals involving initial coin offerings (“ICOs”). The charges against Mayweather and Khaled represent the first two cases brought …

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FTC to Take Additional Steps to Rein in Influencer Marketing?

October 25, 2016 Last week, two advocacy groups filed a complaint with the Federal Trade Commission (“FTC”) taking direct aim at the burgeoning influencer marketing industry.  The complaint implores the agency to take enforcement action against various high profile content and media companies, including Google and Disney, alleging unfair and deceptive practices in connection with …

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